Commissioners discuss process for engineering projects

At the March 18 Hot Springs County Commissioners board meeting held at the Annex building. Commissioner Bob Aguiar motioned to amend the agenda to add two items to Other Business. First was a motion regarding engineering. The second was a statement about the February 4 meeting regarding the Tipi Retreat matter and the Stevens. 

During discussion Chairman Tom Ryan replied, “It’s nice to have some heads up…When you start setting a precedent it’s not advertised for the people…” Commissioner Aguiar explained that some of the information he had just received.

Regarding one of the added items, Commissioner Bob Aguiar said, “Mr. Chairman, in a competitive market and competition and to ensure the best value for our county, I’d like to propose that all engineering projects shall be subject to an open bid process.”

Chairman Ryan replied, “Normally like this project that we’re doing now, Black Mountain Road, it isn’t an open bid process. That isn’t the way those funds are started. It’s through a consultant selection first. Especially if they’re federal funds involved, you can’t just bid. They want you to go through and select the consultant first. And they can talk about price to start with. You go through that process and you select a consultant based on a criteria. What you want out of your project. All those things, and you score it based on that. Usually those federal agencies may come and help you do that. Then after you pick a consultant, then you sit back and go through a pricing, basically. The one I’m really familiar with is the FDA process. When you select an engineer and you go through that process and then it’s a pretty drawn out thing that you send out. They say what their pricing is, and then you have to send that off.…To make a hard statement that you want to bid to start with that. It doesn’t work that way.”

Commissioner Aguiar asked, “How do you select the consultant?”

Chairman Ryan replied that the county sends out Requests for Proposals with a specific form. Then engineering firms submit letters of interest. Then, based on the criteria of what the county is looking for, the commissioners sit down as a panel and go through the request for proposals and pick which firm to work with. Chairman Ryan added that the process must be followed if there are federal funds involved. 

Commissioner Aguiar responded, “I was just concerned that we make sure that we get the best price, the best value for the community. But it seems like that’s working there. So I’ll rescind that motion.”

Additionally, the commissioners voted and passed the approval to accept the Revenue and Expenditures Report.

Chairman Ryan and Administrator Assistant Connie Guntley gave an update on the Community Development Block Grant. They discussed the 518 Arapahoe property and the other property nearby and potentially purchasing them so all can be demolished. In order to proceed, they need to appraise the other properties. The commissioners voted and passed the approval to hire QM Appraisal to appraise the properties for $5,000.

Additionally, the commissioners voted and passed the approval to ask DEQ to do a remediation plan of 518 Arapahoe. 

In other business, the commissioners voted and passed the approval of the Facility Use Form for Better Wyoming Meetings on April 12-13; the Request for Reimbursement No. 4 for the Black Mountain Road Project Construction for $133,467.04 (County Paid $20,020.56, WYDOT Reimburse $113,446.98); the Request for Reimbursement No. 5 for the Black Mountain Road Project Engineering for $17,469.32 (County Paid $2,620.40, WYDOT Reimburse $14,848.92).

Commissioner Aguiar transitioned to his other subject. He said, “For the record, on the February 4th meeting, speaking about the Tipi Retreat and the Stevens, I did address our county attorney, Jill Logan, and I asked her specifically, ‘Were the Stevens given the opportunity for remedy?’ And she stated, ‘No’ very clearly on the video. It is not on our minutes from that meeting. And I just want for the record, that Jill did make that statement at that meeting that no, they were not given an opportunity for remedy. The reason I want to make sure it’s public information and on the record is because basically, the whole premise for their lawsuit at the time was they weren’t given a chance to remedy. So I want to make sure that everything is in order. All the facts are documented. On the video it’s very clear….We already approved the minutes. I just wanted to make sure of a record that we had it documented.”

County Attorney Jill Logan was not present at this meeting. Therefore, County Clerk Becky Kersten responded, “I would suggest possibly bringing that back up when the county attorney is here, because maybe it was a misunderstanding of the process because I can’t speak for her. But maybe she would have a better understanding of what the conversation was. That is my suggestion.”